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GAME LAWS 



NEBRASKA 



IN FORCE MARCH 7, 1899. 



COMPILED BY 

A. E. SHELI30Nr. 



LINCOLN, NEB. 
Jacod Nokth & Co., Printers. 

1S9U. 



./ 



GAME LAWS 



NEBRASKA 



IN FORCE MARCH 7, 1899 



COMPILED BY 

A. E. SPIELUOJSr. 



LINCOLN, NEB. 

Jacob Nobth & Co., Pkintebs. 

1899. 









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59879 



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36.^^9 



GAME LAWS. 



CHAPTER XI CRIMINAL CODE.— Offenses Relating to 
Game and Fish. 

Sec. 83. [Song birds, etc] It shall be unlawful for any person 
in the state of Nebraska to knowingly and intentionally kill, injure, 
or harm, except on the lands owned by such person, any robin, lark, 
thrush, blue bird, king bird, sparrow, wren, jay, swallow, turtle 
dove, oriole, wood pecker, yellow hammer, cuckoo, yellow bird, 
bobolink, or other bird or birds of like nature that promote agri- 
culture and horticulture by feeding on noxious worms and insects, 
or that are attractive in appearance or cheerful in song. Any 
person violating any of the provisions of this section shall be 
fined not less than three nor more than ten dollars for each bird 
killed, injured, or harmed. 

Sec. 83a. [Mongolian pheasants.] It shall be unlawful for 
any person in the state of Nebraska for and during the term of 
six years from and after the passage of this act, to injure, take, 
kill, expose, or offer for sale or have in possession, except for 
breeding purposes, any ringneck Mongolian pheasant, any green 
Japanese pheasant, any copper pheasant, or scholmeringn, any 
tragopan pheasant, silver pheasant, or golden pheasant, being the 
species of pheasants imported into United States by the Hon. 
O. N. Denny, ex-United States consul-general to Shanghai, 
China. [ 1895, chap. 76, 1.] 

Sec. 836. [ Violation of act — Penalty.] Any person violating 
the provisions of this act shall be deemed guilty of a mis- 
demeanor and upon conviction thereof shall be punished by a 
fine not less than fifty dollars, nor more than one hundred dol- 
lars, and in default of payment of the fine imposed shall be im- 
prisoned in the county jail at the rate of one day for each two 
dollars of the fine imposed. [ Id., 2] 

Sec. 83c. [Fines — Disposition.] The one-half of all fines im- 
posed and collected under the provisions of this act shall be paid 
to the informer, and the rest into the county treasury of the 
county in which the crime was committed. [ Id., 3.] 

Sec. 83d [ Violation of act — Jurisdiction.] Justice courts 

SEca. 83a-S3cf. " An act to protect Mongolian pheasants," Laws 1895, Chap. TO. Took 
effect March 30, 1895. 



4 GAME LAWS. 

shall have jarisdiction of the offenses defined in this act. 
[Icl.,4.] 

Sec. !S4. [ Killing-, etc., muskrats, mink, or otter on lands of 
another. ) It shall be unlawful for any person, between the fif- 
teenth day of April and the fifteenth day of February following, 
to trap, catch, kill, or to pursue with such intent, on the prem- 
ises of another, any muskrat, mink, or otter; and it shall be un- 
lawful for any person, at any time, to enter upon the premises of 
another, without his consent, with a view of trapping, hunting, 
killing, or pursuing with intent to kill, any such animal or ani- 
mals; and it shall furthermore be unlawful for any person to 
enter upon the premises of another, without his consent, and 
destroy, tear down, or in any manner injure the muskrat heaps or 
houses on such premises; any person offending against any of 
the provisions of this section shall be fined in any sum not ex- 
ceeding twenty dollars for each offense; Provided, This section 
shall not be so construed as to prevent the catching and killing 
of any animals specified, where there is danger of their doing in- 
jury to property, either public or private. 

Sec. 85. [Elk — Deer — Antelope.] It shall be unlawful for 
any person to kill any elk, deer, or antelope between the first day 
of January and the first day of November in each year, and it 
shall be unlawful for any person to ensnare or trap any elk, deer, 
or antelope (except for the purpose of domestication) at any 
season of the year. Any person violating the provisions of this 
section shall be deemed guilty of a misdemeanor, and on convic- 
tion be fined not less than fifteen dollars nor more than thirty 
dollars for every such animal killed between said dates, and shall 
be fined not less than thirty dollars nor more than fifty dollars 
for any such animal ensnared or trapped at any time of year, 
except for purposes of domestication. 

Sec. 86. [Grouse.] It shall be unlawful for any person to kill 
any ruftied grouse or pheasant, any pinnated grouse or prairie 
chicken, sharp tailed grouse, dusky grouse, and all other grouse 
between the first day of January and the first day of September 
in each year, and it shall be unlawful for any person to ensnare, 
trap, or net the same, at any time of the year. Any person vio- 
lating any of the provisions of this section shall be deemed 
guilty of a misdemeanor, and on conviction be fined five dollars 
for every such bird so killed between said dates of any year, and 
on conviction be fined five dollars for every such bird ensnared, 
trapped, or netted, at any iime of the year. 

Secs. Kr--86t. "Au uct relatiug to tlie protectioa of game. " Laws 181)7, Chap. 9S. Took etfect 
April 10. 1S97. 



GAME LAWS. 

Sec. 86r7. [Quail, wild turkey.] It shall be unlawful for any 
person to kill any quail, or wild turkey, between the first day of 
January and the first day of November of each year, and it shall 
be unlawful for any person to ensnare, trap, or net any quail or 
wild turkey at any time of the year. Any person violating any 
of the provisions of this section shall be deemed guilty of a mis- 
demeanor, and on conviction be fined five dollars for every such 
bird so killed, between said dates of any year, and shall be fined 
five dollars for every such bird, so ensnared, trapped, or netted at 
any time of the year. 

Sec. 866. [Geese — Ducks.] It shall be unlawful for any person 
to kill any wild goose, or brant, or any wild mallard duck, wood 
duck, teal duck, shoveller or spoon bill duck, canvas back duck, 
widgeon or bald pate duck, gad wall or gray duck, dusky or black 
duck, buftle headed or butter-ball duck, pin or sprig tail duck, 
ruddy or turkey tail duck, between the first day of May, and the 
first day of September of each year, and it shall be unlawful for 
any person to ensnare, trap, or net any of said birds, at any time 
of the year, or to kill the same, at night, during any time of 
the year. Any person violating any of the provisions of this 
section, by killing any of said birds, between said dates of any 
year, or at night, shall be deemed guilty of a misdemeanor, and 
on conviction be fined five dollars for each of such birds so 
killed, and shall, on conviction, be fined five dollars for each of 
such birds, ensnared, trapped, or netted at any time of the year. 
It shall be unlawful for any person to go upon the premises of 
another person or corporation for the purpose of hunting, trap- 
ping, netting, ensnaring, or killing any animal or bird at any 
season of the year unless by the consent of the owner or occu- 
pier of said premises or lands, and any person who shall go upon 
the premises or lands of another in violation of this section 
shall, upon conviction thereof, be fined not less than five dollars 
(S5.00) nor more than one hundred (|100), for each offense and 
shall be liable to the owner or occupier of the premises or lands 
in an action for trespass. — [Amended 1899, Chap. 99, Session 
Laws, 1899.] 

Sec. 8Gc. [Hunting waterfowl— Eggs— Same on another's 
premises.] It shall be unlawful for any person at any time of the 
year, by the aid or use of any swivel, punt-gun, big-gun (so-called), 
or any other than the common shoulder-gun, or by the aid or use of 
any punt-boat, sneak-boat, used for carrying such gun, to catch, 
kill, wound, or destroy, or to pursue after with intent to catch, 
kill, wound, or destroy, upon any of the waters, bays, rivers, 
marshes, mud fiats, or any cover to which wild fowl resort, 



6 GAME LA\YS. 

witliiu the state of Nebraska, any wild goose or brant, or any 
wild mallard duck, wood duck, teal duck, shoveller or spoonbill 
duck, blue bill or scaup duck, canvas-back duck, red-head duck, 
widgeon or bald-pate duck, gadwall or gray duck, dusky or Mack 
duck, bufHe-headed or butter-ball duck, pin or sprig-tail duck, 
ruddy or turkey-tail duck, or other wild duck, or to destroy or 
disturb the eggs of any of the birds above named, and any person 
offending against any of the provisions of this section shall be 
fined in any sum not less than five (|5) dollars nor more than 
twenty ($20) dollars for each offense, or be imprisoned in the 
county jail nor more than thirty (80) days. — [Amended 1899, 
Chap. 99, Session Laws of 1899. | 

Sec. 86(^. [Selling or having in possession game.] It shall be 
unlawful for any corporation, company, association, person, or 
persons, or its, his, or their officers, agents, servants, or employees, 
to sell, expose for sale, or to have in its, his, or their possession 
or control, any wild elk, deer, or antelope, between the first day 
of January and the first day of November in any year; or to sell, 
or expose for sale, or to have in its, his, or their possession or con- 
trol, any ruffled grouse or pheasant, pinnated grouse or prairie 
chicken, sharp-tailed grouse, dusky grouse, or any other grouse 
between the first day of January and the first day of September 
of any year; or to sell, expose for sale, or have in its, his, or their 
possession or control, any quail or wild turkey, between the first 
day of January, and the first day of November in any year, or to 
sell or expose for sale, or to have in its, his, or their possession 
or control, any wild goose, brant, or any wild mallard duck, wood 
duck, teal duck, shoveller or spoonbill duck, blue bill duck or scaup 
duck, widgeon or bald pate duck, gadwall or gray duck, dusky 
or black duck, buffle-headed or butter-ball duck, pin or sprig-tail 
duck, ruddy or turkey-tailed duck, or any other wild duck be- 
tween the first day of May and the first day of September in any 
year. Every corporation, company, association, its officers, 
agents, employees, and each of them, and any person or persons, 
his or their agents and employees, and each of them violating 
any of the provisions of this section, shall be deemed guilty of 
a misdemeanor, and on conviction be fined twenty-five dollars for 
each and every such animal so sold, exposed for sale, or so had 
in its, his, or their possession or control, and shall on conviction 
be fined five dollars for each and every such bird so sold, ex- 
posed for sale, or so had in its, his, or their possession or con- 
trol. Part or parts of the carcasses of said animals or birds 
shall be held and considered the same as the whole animal or 



GAME LAWS. 7 

bird, within the meaning of this section. — ^[Amended 1899, Cliap. 
99, Session Laws of 1899.] 

Seo. 86e. — [Transporting game.] — Kepealed 1899, Chap. 99, 
Session Laws of 1S99. 

Sec. 86/. — [Prosecutions — Duties of officers.] — A prosecution 
may be brought by any person in the name of the state of Nebraska, 
against any party or parties violating any of the provisions of 
this act, before any justice of the peace or county judge of the 
county in which such violation is charged to have taken place, or 
beefore any court of competent jurisdiction; and it is made 
the duty of all county attorneys in this state to see that the 
provisions of this act are enforced in their respective counties, 
and they shall prosecute all offenders on receiving information of 
the violation of any of the provisions of this act; and it is made 
the duty of all sheriffs, deputy sheriffs, constables, and police of- 
ficers, to inform against and prosecute each and every party or 
parties, person or persons, whom there is reasonable or pi'obable 
cause to believe are guilty of violating any of the provisions of 
this act. Any county attorney, sheriff, deputy sheriff, constable, 
or police officer, who shall fail, neglect, or refuse to discharge the 
said duties hereby imposed on such officers, respectively, shall 
be deemed guilty of a misdemeanor, and on conviction be fined not 
less than twenty-five dollars, nor more than one hundred dollars, 
for each ofPense. 

Sec. 86/7. [Same.] That in all cases, when any person, party, 
or officer, is convicted and fined for a violation of auy of the pro- 
visions of this act, it shall be the duty of the court imposing such 
fine or fines, to make it a part of the judgment that such person, 
party, or officej", stand committed to the jail ot the county until 
such fine and costs be fully paid, or be paid at the rate of one 
day in jail for every dollar of such fine and costs, but this shall 
not prevent the making of the fine and costs out of the property 
of the person, party, or officer convicted, and when so made the 
convict shall be released from further imprisonment on that 
account. 

Sec. 86/t. [Same — Search warrant.] Any justice of the peace, 
police or county judge, or magistrate, within their respective 
counties and jurisdiction, upon receiving proof, on oath or afiar- 
mation, of probable cause for believing in the concealment of any 
of the animals, or birds in this act described, during any of the 
periods in which the same is by this act prohibited from being 
killed, or being had in possession in violation of any of the pro- 
visions of this act, shall issue his search warrant and cause search 
to be made in any house, cold storage buildinsr, or place, market, 



8 GAME LAWS. 

boat, box, pad' age. car, or other building or structure, designated 
by such oath or afhrmation. The finding of any of said animals 
or birds in the possession or under the control of any party or 
parties, person, or persons, within said periods, in which the kill- 
ing of the same is by this act prohibited, shall be prima facie 
proof that the same were in said periods killed or had in posses- 
sion, in violation of the provisions of this act. Provided, hmv- 
ever, That houses occupied as dwellings shall be exempt from 
search under the provisions of this section. 

Sec. 86 1. [Fines — Disposition.] All fines recovered undeK. 
any of the provisions of this act shall, when collected, be paid 
into the treasury of the county for the use of the school fund, and 
the corporate authorities of any county, city, or village, within 
whose territorial jurisdiction such fine was recovered and col- 
lected, shall pay to the complaining witness in such prosecution, out 
of the general fund of such county receiving such fine, an amount 
equal to one half of the fine actually collected, upon the proper 
application of the party entitled to the same, in the manner usual 
for the presentation of claims against counties. 

Sec. 86J. [Having possession of game — evidence.] Having in 
possession any of the animals or birds described in this act, be- 
tween said dates wherein the killing of the same is herein prohib- 
ited, shall be deemed and held to be presumptive evidence that the 
same were killed, ensnared, trapped, or netted, in violation of the 
provisions of this act, and the civil authorities of any county, 
city, precinct, township, or village, within which the same are, or 
may be found, whether by search warrant or otherwise, are here- 
by authorized to cause the same to be seized, either with or with- 
out warrant, and to be distributed among the poor persons of such 
county, precinct, township, city, or village. The provisions of 
this section shall not apply to those animals or birds that are had 
alive in possession for the purpose of domestication. 

Sec. 86 At. [Acts repealed — Saving clause.] That sections 
eighty-five and eighty-six, of the Criminal Code of Nebraska, in 
Compiled Statutes of Nebraska for the year 1895, and all other 
sections, acts, and parts of acts, in conflict herewith, be and the 
same are hereby repealed; but such repeal shall not operate to in 
any way affect any prosecutions for violation of any of the pro- 
visions of either of said sections, nor shall such repeal prevent 
the prosecution for violation of any of the provisions of either of 
said sections, that have occurred prior to the time when this act 
took effect. Such violations of said sections shall be prosecuted 
the same as though said sections had not been repealed. 

Sec. 87. [Interfering with private fish pond.] That it shall 



GAME LAWS. !> 

be uulawEul for auy person to catch, interfere with, injure, or in 
any manner destroy, or maliciously disturb, to the damage of the 
private property of another, the fish in, or work connected with, 
any private fish pond, not exceeding ten acres, in this state. 
Auy person or persons violating the provisions of this section 
shall be fined in any sum not less than ten dollars nor more than 
one hundred dollars; and it shall be lawful for any person to take 
up, remove, or clear away any fish net, fish lines, or fish pound 
placed or put in the waters of any lake, pond, or reservoir con- 
trary to the provision of this act. 

Sec. 87«. [Fishing except with hook and line — Free passage 
offish — Penalty.] it shall be unlawful for any person to catch, 
kill, injure, or destroy any fish in any public water in tliis state 
or in the Missouri river along the eastern boundary of this state 
in any manner whatever, except Avith the use of the hook and 
line; the use of seines, nets, and other devices, except the hook 
and line, being hereby prohibited and made unlawful. It shall 
also be unlawful for any person, association of persons, or cor- 
poration to place or establish any obstruction across any stream 
of water in this state that will prevent the free passage of fish 
along said stream; Provided, That all persons, associations of 
persons, or corporations erecting, owning, or maintaining a mill- 
dam across any stream of water in this state shall, at his or its 
own expense, construct and at all times maintain, subject to the 
approval of the fish commission, a suitable and substantial fish- 
way whereby all fish passing along said stream can readily pass 
over or around said dam. Public waters, within the meaning of 
this section, shall embrace all lakes, ponds, rivers, creeks, bayous, 
and streams, except private artificial pond or ponds, subject to the 
exclusive dominion of a single ownership. Every violation of any 
provision of this section shall be a misdemeanor, and every per- 
son, association, or corporation convicted of an offense under this 
section shall pay a fine not less than twenty-five (25) dollars 
and costs of prosecution, or imprisonment in the county jail not 
less than ten days, or until such fine and costs are paid. It shall 
be unlawful for any person to have in his or her possession any 
seine, net, or other unlawful instrument or device for takino' or 
injuring fish with the intent of using the same in any water in 
this state, and it is hereby made the duty of all constables, jus- 
tices of the peace, and police judges of this state to prosecute all 
oftenses against this act. Each day any mill-dam or other ob- 
struction shall be continued without such fishway shall be deemed 
and taken as a separate offense under this act. Every seine, net, 
or other unlawful device under this act found in auy water in this 



10 GAME LAWS. 

state or in the possession of any person intending to use the 
same in violation of this act may be seized by any person with or 
without warrant and deposited with a justice of the peace or [)o- 
lice judge, who shall cause the owner or person having such seine, 
net, or other unlawful device in his possession, if known, to ap- 
pear before said court and show cause wiiy such seine, net, or 
unlawful device should not be destroyed; such court shall, upc u 
such hearing, or upon default, enter judgment, and in all cases of 
condemnation such seine, net, or unlawful device shall be de- 
stroyed under the direction of said court. In all cases Tinder 
this act the constable and justice's fees shall be the same as in 
other cases of misdemeanors. 

Sec. 876. [Injury to fish hatchery or pond. ] It shall be un- 
lawful for any person or persons to injure, disturb, or destroy 
any hatcliiug-box, hatching-house, or pond used for hatching or 
propagating iish, or to injure or destroy or disturb any spawn or 
fry, or fish, in any hatching-box, hatching-house, or pond, or 
stream; provided, that the fish commissioners of this state may 
take or cause to be taken any of the fish named in this section 
for the purposes of propagation, or- stocking the waters of this 
state. Every person violating any provision of tliis section shall 
be guilty of a misdemeanor, and punished by a fine of not more 
than ten (§10) dollars for each fish taken, or held in possession, 
or other offense under this section, or by imprisonment in the 
countv jail not more than ten (10) days, in the discretion of the 
court," [1870, 71; 1893, Chap. 47, § 4]. 

Sec. 87c. [ Certain fish not to be caught or injured — Having 
possession of fish.] It shall be unlaw^ful for any person or per- 
sons, to catch, injure, or kill, or destroy any California salmon, 
land-locked salmon, trout, shad, white fish, or car[), which shall 
have been placed in any waters of this state by the fish commis- 
sioner or by private persons. Every person violating any pro- 
vision of this section shall be deemed guilty of a misdemeanor 
and punished by a fine of not less than ten (^10) dollars, for each 
fish so taken, injured, killed, or destroyed, or had in possession, 
or imprisoned in the county jail not less than ten (10) days, in 
the discretion of the court. The having in possession any fi.sh 
named in this section shall be presumptive evidence that the 
same were taken in violation of law. [1870, § 3, 72; 1893, 
Chap. 47, § o.j 



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